Legal opinion

Collection object


1997.0190.11
H. 31.5 W. 23.3
Manuscript page, query to legal council and reply, Dundalk Castleblaney and Carrickmacross Turnpike Roads. Query: By Act the trustees are empowered to borrow for maintenance of roads using tolls and tollhouses as security. They may pay off creditors by lot provided they have consent of all other creditors. Money has been borrowed from several persons, one of whom intends to call it in. Can they be compelled to pay one creditor in preferance to others without first obtaining the consent of the others, or are they liable to be called upon to do more than apply their surplus income rateably amongst all the creditors. Case submitted principally on behalf of one of the trustees who desires to act concentiously. The late treasurer of the trustees was also a creditor. His son is a candidate for the vacancy. It has been hinted by some of his friends that he will call in the money if he is not appointed treasurer. Questioner in common with a large number of the trustees is opposed to the appointment (page cut across through text). R/ Reply of council: trustees would not be justified in paying off one creditor without the consent of the others. The best way to be rid of the individual would be to get someone to pay his demand and take transfer of his security under the act.